Vijay Kumar Sharma S/O Late Sh. ... vs Bhawani Singh Detha
2023 Latest Caselaw 312 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

             D.B. Civil Contempt Petition No. 3/2023

                                     In

          D.B. Civil Special Appeal (Writ) No. 663/2015

1.    Vijay Kumar Sharma S/o Late Sh. Sita Ram Sharma, Aged
      About 63 Years, R/o 3/551, Malviya Nagar, Jaipur-302017.
2.    Sh. Om Prakash Pushp S/o Late Sh. Ramjilal, Aged About 68
      Years, R/o 12/503, Malviya Nagar, Jaipur-17.
3.    Smt. Kusum Mathur W/o Virendra Mathur, Aged About 67
      Years, R/o 179, Shivaji Nagar, Boring Road, Jhotwara, Jaipur.
4.    Late Sh. Anil Kumar Raj S/o Late Sh. Nathu Lal, Aged About
      63 Years, Through Legal Heir Wife Smt. Sharda Devi W/o Late
      Sh. Anil Kumar Raj C-46, Prem Colony, Surya Nagar, Taraon Ki
      Kunt, Tonk Road, Jaipur.
5.    Badri Narain Kumawat S/o Late Sh. Bohanri Lal, Aged About
      71 Years, D-6, Narayan Sarovar, Muhana Road, Near
      Mohanpura Balaji, Mansarovar, Jaipur-20.
6.    Sh. Rajendra Kumar Saini S/o Sh. Banshi Lal Saini, Aged
      About 57 Years, Resident Of 33, Shree Ram Colony, Ram
      Nagar Sodala, Jaipur.
7.    Smt. Geeta Yadav W/o Late Sh. Ram Kumar Yadav, Aged
      About 63 Years, Resident Of D-69, Siwar Area, Bapu Nagar,
      Jaipur.
8.    Sh. Pramod Kumar Singh S/o Late Sh. Sita Ram Singh, Aged
      About 45 Years, Resident Of 202, Sita Ram Nagar, Near Triveni
      Nagar, Gopal Pura, Jaipur.
9.    Smt. Usha Kiran Arora W/o Late Sh. Chandra Prakash Arora,
      Aged About 67 Years, Resident Of 32/436, Pratap Nagar,
      Jaipur.
10.   Sh. Nanag Ram Meena Sh. Kanha Ram Meena, Aged About 56
      Years, Village Dhamsya Lamba Ki Dhani, Tehsil Jamwa
      Ramgarh, Dist- Jaipur.
11.   Late Sh. Mohan Lal Meena S/o Late Sh. Nathu Lal Meena,
      Aged About 54 Years, Through Legal Heirs Wife Smt. Kamla
      Devi Meena W/o Late Sh. Mohan Lal Meena, W/o Village
      Dhamsya, Cholawa Ki Dhani, Tehsil Jamwa Ramgarh, Dist-
      Jaipur.
12.   Late Sh. Lal Chand Meena S/o Late Sh. Nathu Lal Meena, Aged
      About 67 Years, Through Its Legal Heir Wife Smt. Prem Deiv
      Meena W/o Late Sh. Lal Chand Meena W/o Village Dhamsya,
      Cholawa Ki Dhani, Tehsil Jamwaramgarh, Dist. Jaipur.
                                                              ----Petitioners
                                  Versus
1.    Bhawani Singh Detha, Secretary To The Govt. Department of
      Higher Education, Secretariat, Jaipur.


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2.       Sh. Sushil Sharma, Commissioner And Secretary, College
         Education, Rajasthan, Shiksha Sankul, J.L.N. Marg, Jaipur.
3.       Shri Vimal Kumar Bhatia, Secretary, Prabndh Samiti, Kanoria
         PG Mahavidhalya, Gandhi Circle, J.L.N. Marg, Jaipur.
4.       State of Rajasthan, Through Secretary, Higher Education,
         Govt. of Rajasthan, Secretariat, Jaipur.
                                                                    ----Respondents

For Petitioner(s) : Mr. Atul Saxena, Advocate

HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Judgment / Order

10/01/2023

Heard.

After hearing learned counsel for the petitioners and going

through the background of the case in which various orders came to be

passed by this Court as also a detailed common order passed by this

Court on 01.12.2021 in D.B. Civil Contempt Petition No. 740/2016 and

batch of contempt petitions arising out of the similar issue, at present,

instead of initiating contempt proceedings against the respondents, we

are inclined to dispose off this contempt petition also on the similar

lines as the order passed on 01.12.2021 in D.B. Civil Contempt Petition

No. 740/2016 and batch of contempt petitions with following

directions:-

1. It shall be an obligation on the part of the Commissioner, College

Education to immediately release the dues payable to the petitioners as

per the directions issued by this Court from time to time and the

directions which have already been issued by the Hon'ble Supreme

Court on 09.09.2021 in the case of State of Rajasthan Versus Manju

Saxena & Ors., Special Leave to Appeal (C) No. 13791/2019, wherein,

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the Hon'ble Supreme Court had directed compliance to be made within

a period of eight weeks.

2. A brief, but clear order regarding compliance of the order in

respect of each of the contempt petitioners will have to be passed by

the concerned Directorate within a period of ten weeks from today.

3. The orders in respect of each of the contempt petitioners, which

are required to be passed clearly stating compliance of the order, shall

be reported directly to the Registry of this Court, which shall be placed

before this Court under a separate registered case.

4. With the aforesaid observations and directions, this contempt

petition, at this stage, is disposed off, however, with liberty to revive, if

any grievance still remains unredressed.

We must make it absolutely clear that if ultimately we find that

despite the order, the benefits, which the petitioners were entitle to,

have not been released, this Court may take a very serious view of the

matter and erring officials will have to be proceeded against strictly in

accordance with law resulting in all serious consequences, which the

case may deserve.

All the authorities including the Secretariat of the Department of

Higher Education as also the private school education officials shall be

under an obligation to provide necessary information, if any, demanded

by Commissionerate of College Education, towards compliance of the

order of the Court. Non-cooperation shall be treated as an act of over

reaching the order of the Court.

(CHANDRA KUMAR SONGARA),J (MANINDRA MOHAN SHRIVASTAVA),J

Mohita /3

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